writ -- Defense.
(1) No officer shall delay advertising property for sale, taken by him under execution, for more than twenty days after the levy.
(2) No officer shall fail to return by the return day thereof any writ of execution or attachment for not performing a judgment in chancery or equity which is placed in his hands to execute.
(3) It shall be no defense to an action or motion against a collecting officer for failure of duty of himself or deputy that the plaintiff directed the officer to delay or in any way stay proceedings thereon unless the defense is supported by the written consent or request of the plaintiff or his agent or attorney. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1712, 1713, 1714.
Notes of Decisions
Walker v. Bank of Cadiz & Trust Co. (In Re Wilson), 38 B.R. 940 (Bankr. W.D. Ky. 1984).
“KRS 426.340 does mandate that: (2) No officer shall fail to return by the return day thereof any writ of execution or attachment for not performing a judgment in chancery or equity which is placed in his hands to execute.”
W. E. Stephens Mfg. Co. v. Miller, 429 S.W.2d 384 (Ky. Ct. App. 1968).
“Certain duties of the officer in processing the execution were covered by 'KRS 426.340(2) which stated: “(2) No officer shall fail to return by the return day thereof any writ of execution or attachment for not performing a judgment in chancery or equity which is placed in his…”
Nesler v. Hailey, 898 S.W.2d 536 (Ky. Ct. App. 1995).
“Specifically, KRS 426.340(1) provides that “[n]o officer shall delay advertising property for sale, taken by him under execution, for more than twenty (20) days after the levy.”
— Ky. Rev. Stat. § 426.340(1) — 1 case
Nesler v. Hailey, 898 S.W.2d 536 (Ky. Ct. App. 1995).
“Specifically, KRS 426.340(1) provides that “[n]o officer shall delay advertising property for sale, taken by him under execution, for more than twenty (20) days after the levy.”
— Ky. Rev. Stat. § 426.340(2) — 1 case
W. E. Stephens Mfg. Co. v. Miller, 429 S.W.2d 384 (Ky. Ct. App. 1968).
“Certain duties of the officer in processing the execution were covered by 'KRS 426.340(2) which stated: “(2) No officer shall fail to return by the return day thereof any writ of execution or attachment for not performing a judgment in chancery or equity which is placed in his…”
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